Senate  Bill  No.  27.]  [Ses.  I860-’ 61. 

Introduced  by  Mr.  - 


John  Spelman,  Printer  to  the  State. 


A  BILL  TO  REGULATE  THE  FREE  NEGRO  POPU¬ 
LATION  WITHIN  THIS  STATE. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North-Car olinci,  and  it  is  hereby  enacted  by  the  au~ 

3  thority  of  the  same ,  That  the  several  county  courts  in  this 

4  State,  at  the  term  of  their  respective  courts  which  shall 

5  take  place  after  the  1st  day  of  January,  186  ,  a  majority 

6  of  the  justices  being  present,  may,  if  they  think  the  interest 

7  of  their  county  demands  it,  establish  a  poor-house  in  their 

8  said  county  for  the  use  of  free  negroes  exclusively,  to  be 

9  managed  by  such  white  agents  as  the  said  county  court 

/ 

1 0  may  appoint,  which  agents  shall  be  paid  for  their  services. 
Sec.  2.  Be  it  further  enacted ,  That  at  the  same  term  of 

2  the  said  county  court,  a  commission  shall  issue  there 

3  from,  directed  to  such  a  number  of  persons  as  to  the  said 

4  court  shall  seem  expedient,  residing  in  different  parts  of 

5  the  said  county,  authorizing  them  of  the  said  commission 

6  to  summon  before  them  the  free  negroes  residing  in  their 

7  vicinity,  in  the  said  county,  and  to  summon  witnesses  to 

8  testify  on  oath  as  to  the  state  and  condition  of  the  said 

9  free  negroes  :  Provided ,  That  any  free  negro  shall  be 

10  permitted  to  summon  witnesses  in  his  behalf ;  and  the 

1 1  said  commissioners  shall,  after  due  inquiry,  report  to  some 

12  subsequent  term  of  the  said  court  the  names,  probable 

13  ages,  state  and  condition  of  such  free  negroes,  distinguish- 

14  in<T  them  as  follows :  First,  such  as  are  freeholders  and 


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Senate  Bill  No.  27. 


[Session 


15  farmers,  and,  in  the  judgment  of  such  said  commissioners, 

16  able  and  willing  to  maintain  their  families  properly  and 

* 

17  suitably,  according  to  their  condition.  Second,  such  as 

18  from  their  habits  and  characters  the  said  commissioners 

19  shall  deem  able  and  willing  so  to  provide  for  their  fami- 

20  lies.  Third,  the  names  and  ages  of  all  other  free  negroes 

21  resident  in  the  said  county. 

Sec.  3.  Be  it  further  enacted ,  That  the  said  county 

2  court  may,  upon  the  return  of  the  said  commissioners  and 

3  due  examination,  adjudge  that  those  negroes  who  are  in- 

4  eluded  in  the  first  and  second  classes  set  forth  in  the 

5  second  section  of  this  act,  may  go  free  of  all  legislation 

6  enacted  by  this  act  except  as  to  taxation  hereby  provided  : 

7  Provided ,  That  if  the  said  court  shall  not  agree  with  the 

8  judgment  of  the  said  commissioners  as  to  any  individual 

9  free  negro,  they  may  direct  a  jury  to  he  empanneled,  with 

10  proper  notice  to  such  free  negro,  and  direct  an  issue  to  he 

11  submitted  to  such  jury  to  try  whether  the  said  free  negro 

12  is  able  and  willing  to  support  his  family  ;  and  according 

13  to  the  verdict,  the  said  free  negro’s  name  shall  be  permitted 

14  to  remain  as  arranged  by  the  said  commissioners  or  placed, 

15  in  the  third  class  described  in  the  said  second  section. 

Sec.  4.  Be  it  further  enacted ,  Thot  any  free  negro  who 

2  may,  by  the  said  commissioners,  he  arranged  in  the  third 

3  class,  provided  as  above,  shall  have  a  right  to  traverse 

4  the  said  return,  time  to  summon  his  witnesses  and  prove 

5  the  said  traverse  true  by  a  jury,  in  due  form  of  law ;  and 

6  the  court  trying  such  traverse  shall  arraign  the  said  ne- 

7  gro  in  the  said  class  accordingly  :  Provided  always,  That 

8  at  all  future  terms  of  the  said  court  it  shall  he  the 

9  duty  of  the  grand  jury  of  the  county  to  return  to  the 

10  court  any  free  negro  who  from  any  cause  has  become 

11  liable  to  have  his  class,  as  aforesaid,  altered,  and  it  shall 

12  be  the  duty  of  the  court,  upon  examination  and  a  jury 

13  trial,  if  required,  to  alter  the  class  of  the  said  free  negro 

14  accordingly. 


f<mi  *  l 


•  '  X^7^7 

I860-’ 61.]  Senate  Bill  No.  27.  ° 

Sec.  5.  Be  it  f  urther  enacted ,  That  from  and  after  the 

2  passage  of  this  act  no  county  court  shall  have  the  power 

3  to  hind  out  any  free  negro  above  the  age  of  ten  years  ; 

4  such  negro  shall  in  all  cases  be  hired  out  as  hereinafter  di- 

5  rected. 

Sec.  6.  Be  it  further  enacted ,  That  at  that  term  of  the 

2  county  court  at  which  the  return  of  the  commissioners 

3  provided  for  in  the  first  section  of  this  act  shall  have  been 

4  acted  upon,  it  shall  be  the  duty  of  the  several  county 

5  courts,  as  they  may  deem  best,  either  to  appoint  an  offi- 

6  cer  to  execute  the  subsequent  provisions  of  this  act,  or 

7  shall  charge  the  county  treasurer  therewith,  whose  duties 

8  shall  be  as  follows  :  First,  to  provide  books  in  which  to 

9  keep  just  accounts  against  all  individual  free  negroes. 

10  Second,  to  hire  in  families,  to  the  lowest  bidder,  all  such 

11  free  negroes  as  cannot  be  hired  for  wages,  to  be  paid  by 

12  the  hirer  ;  to  take  bond,  with  sufficient  security  from 

13  such  lowest  bidder  to  provide  suitable  lodging,  food, 

14  clothing,  and  medicine  for  such  negroes,  to  pay  their 
lb  taxes,  both  county  and  State,  and  to  return  them  to  him 

1 6  suitably  clad  at  the  end  of  the  current  year  :  Provided , 

17  That  in  such  counties  as  shall  have  provided  a  poor  house 

18  for  free  negroes,  it  shall  be  the  duty  of  such  officer  to 

1 9  send  such  pauper  free  negroes  to  said  poor  house  :  Provi- 

20  ded ,  also ,  If  in  the  case  of  hiring  to  the  lowest  bidder 

2 1  the  officer  shall,  in  his  judgment,  deem  the  person  making 

22  the  lowest  bid  to  be  an  unfit  person  to  have  charge  of  the 

23  free  negro,  he  may,  in  his  discretion,  assign  him  or  her 

24  to  some  other  bidder.  Third,  to  take  care  of  all  free  ne- 

25  groes  between  the  ages  of  10  and  16,  and  either  to  bind 

26  them  out  himself  or  to  return  their  names,  sexes,  and 

27  ages  to  the  county  court,  to  be  bound  out.  Fourth,  to 

28  hire  out  all  the  remaining  negroes  to  the  highest  bidder, 

29  taking  bond  and  security  from  the  hirer  to  pay  the  hire 

30  he  may  have  agreed  to  give,  and  to  find  the  hireling  with 

31  suitable  lodging,  food,  clothing,  and  medicine,  and  return 


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Senate  Bill  No.  27. 


[Session 


32  him  to  the  said  officer  at  the  same  time  in  the  ensuing 

33  year  :  Provided ,  That  the  said  officer  may,  in  his  discre- 

34  tion,  and  for  a  proper  consideration  of  hiring,  hire  a  free 

35  negro  between  the  ages  of  16  and  21,  to  such  persons  as 

36  the  said  free  negro  may  have  been  hound  to  as  above  di- 

37  rected.  Fifth,  to  enter  to  the  credit  of  each  free  negro 

38  so  hired  out,  the  sums  for  which  he  or  she  shall  he  re- 

39  spectively  hired,  and  to  charge  the  same  account  with 

40  such  items  as  may  he  directed  by  the  provisions  of  this 

41  act.  Sixth,  to  return  to  the  county  court  at  the  term 

42  thereof  when  the  county  taxes  shall  be  levied,  a  list  of  all 

43  the  balances  to  the  credit  of  any  free  negro  standing  on 

44  his  hooks,  as  well  as  the  amounts  he  may  within  the  last 

45  year  have  paid  out  of  the  funds  in  his  hands  and  the 

46  purport  of  such  payment.  Seventh,  to  collect  as  speedily 

47  as  possible  all  bonds  given  to  him  for  the  hire  of  free 

48  negroes  ;  to  keep  such  an  amount  of  cash  on  hand  as  he 

49  may  deem  necessary  for  the  discharge  of  sums  which, 

50  under  the  provisions  of  this  act,  may  he  charged  on  the 

51  fund  in  his  hands,  and  to  invest  the  residue  as  soon  as 

52  maybe  in  bonds  of  this  State.  Eighth  :  whenever  the 

53  said  officer  shall  hire  out  a  free  negro  between  the  ages  of 

54  16  and  21,  it  shall  he  his  duty  to  place  his  hire  to  the 

55  credit  of  the  father  of  such  free  negro,  if  alive,  subject  to 

56  such  deductions  as  may  he  made  from  any  other  balances 

57  in  his  hands. 

Sec.  7.  And  whereas ,  It  is  the  intention  of  this  act  to 

2  make  the  free  negro  population  of  any  county  in  this 

3  State  pay  those  charges  which  are  properly  levied  upon 

4  them:  and  whereas,  Under  the  provisions  of  this  act  the 

5  most  prominent  fund  for  this  purpose  will  be  that  in  the 

6  hands  of  the  officer  provided  by  the  6th  section  of  this 

7  act:  and,  whereas  also ,  It  is  fair  and  just  that  those  classes 

8  of  the  free  negro  population  arranged  in  numbers  one 

9  and  two  of  the  second  section  of  this  act,  shall  pay  their 
10  due  proportion  thereof:  Therefore ,  be  it  further  enacted , 


1 860-’ 61.] 


Senate  Bill  No.  27. 


1 1  That  hereafter,  the  clerks  of  the  respective  county  courts 

12  in  the  State  shall  furnish  to  the  justices  who  shall  take 

13  the  list  of  the  taxables,  blanks  to  enable  the  justices  to 

14  separate  the  free  negro  taxables  from  those  of  the  white 

15  population,  and  the  list  for  free  negro  taxables  shall  con- 

16  tain  a  column  for  the  numbers  of  any  child  or  children 

17  of  free  negroes  between  the  ages  of  16  and  21,  who  may 

18  reside  with  and  serve  his  or  their  father,  and  in  assessing 

19  the  county  and  parish  taxes  the  respective  county  courts 

20  may  assess  a  tax  on  the  value  of  the  labor  of  such  free 

21  negro  and  his  children,  as  may  in  their  judgment  be  fair 

22  and  just,  so  as  to  equalise  the  burthen  upon  all  free  ne- 

23  groes,  as  well  those  on  the  books  of  the  officer  created  by 

24  this  act,  as  of  those  assessed  in  classes  one  and  two,  and 

25  the  amount  of  the  said  county  and  poor  tax  shall  he  paid 

26  to  the  said  officer  and  rateably  distributed  on  his  books, 

27  so  as  to  indemnify,  any  one  who  has  been  charged  with 

28  his  proportion  of  any  payments  directed  to  be  made  by 

29  the  next  section  of  this  act. 

Sec.  8.  Be  it  further  enacted ,  That  of  the  funds  in  his 

2  hands  the  officer  created  by  this  act  shall,  upon  the  order 

3  of  the  county  court,  pay  any  charge  which  the  county 

4  shall  have  been  at  for  providing  a  free  negro  poor-house, 

5  with  the  current  expenses  thereof ;  and  in  case  the  county 

6  court  shall  have  deemed  it  inexpedient  to  provide  such  a 

7  poor-house,  then  he  shall  pay  all  sums  for  which  lie  may 

8  have  hired  out  free  negroes  to  the  lowest  bidder,  which 

9  payment  shall  be  a  charge  upon  the  whole  fund  in  his 

10  hands  :  Provided ,  hoivever ,  If  any  male  free  negro  shall, 

11  under  the  provisions  of  this  act,  have  a  sum  to  his  credit 

12  for  the  hire  of  his  child  between  the  ages  of  16  and  21 

13  years,  such  sum  shall  be  applied,  instead  of  the  general 

14  fund,  to  pay  the  charges  of  supporting  himself  and  his 

15  family.  Should  any  free  negro  be  hereafter  adjudged  by 

16  any  court  of  record  in  this  State,  to  the  payment  of  any 

17  fine,  or  of  costs  or  prison  charges,  and  shall  not  have  pro- 


Senate  Bill  No.  27. 


[Session 


6 

18  perty.  sufficient  to  discharge  the  same,  duplicates  of  the 

19  order  of  the  court  assessing  such  fine  and  charges  shall 

20  issue  to  the  sheriff,  and  payment  thereof  he  made  by  the 

21  officer  holding  the  free  negro  fund — one  of  which  dupli- 

22  cates,  with  the  receipt  of  the  sheriff  thereon,  he  may  keep 
2d  for  his  security- — the  other  shall  be  returned  by  the  sheriff 

24  in  like  manner  as  executions  are  directed  to  be  returned, 

25  and  such  j)ayment  shall  be  charged  to  the  account  of  the 

26  defendant  if  he  has  a  balance  to  his  credit- — otherwise,  to 

/ 

~7  the  general  fund  in  the  hands  of  the  said  officer  ;  and 

28  in  all  cases  where  any  charge  is  made  against  the  general 

29  fund  it  shall  be  rateably  charged  to  every  balance  on  the 
•d!  said  books,  so  as  to  make  the  portion  of  each  free  negro 
dl  pay  its  share  according  to  the  amount  of  his  or  her  bal- 
82  ance,  or  such  sum  shall  be  charged  per  capita  to  each  free 
M3  negro  on  the  said  books. 

Sec.  9.  Be  it  further  enacted ,  That  any  free  negro  who 

2  may  have  been  hired  out  under  the  provisions  of  this  act 

3  may,  at  any  term  of  the  county  court,  apply  to  the  same 

4  to  be  exempted  from  further  hiring,  and  to  be  arranged 

5  in  classes  one  and  two  as  prescribed  by  the  second  section 

6  of  this  act  ;  and  thereupon  the  said  court  may  summarily 

7  examine  into  the  merits  of  such  application,  and  make 

8  such  order  thereon  as  to  them  shall  seem  meet  and  pro- 

9  per,  which  order  shall  take  effect  upo.n  the  expiration  of 
10  the  term  for  which  the  said  applicant  shall  then  be  hired. 

Sec.  10.  And  wheras ,  The  labors  of  the  county  trustee 

2  will  be  increased  if  he  should  be  charged  with  the  execu- 

3  tion  of  this  act,  and  compensation  should  be  provided  for 

4  such  officer  as  may  be  appointed  to  perform  the  same  : 

5  Therefore  he  it  enacted ,  That  the  several  county  courts  of 
0  the  State,  at  that  term  when  they  lay  the  county  taxes,  a 

7  majority  of  the  justices  being  present,  may  fix  the  com- 

8  pensation  to  be  paid  the  county  trustee  or  such  officer  as 

9  they  may  elect  to  discharge  the  duties  created  by  this  act ; 
10  in  either  case  requiring  bond  and  surety  for  the  faithful 


1860-61.] 


Senate  Bill  No.  27. 


7 


1 1  discharge  of  the  duties  of  the  office,  and  for  an  account 
t2  and  payment  of  all  moneys  in  hand  to  such  person  or  per- 

13  sons  as  shall  have  a  right  thereto,  or  to  his  successors  in 

14  office. 

Sec.  11.  And  whereas,  It  is  right  and  proper  that  classes 

2  of  the  population  of  like  condition  should  he  governed  by 

3  similar  laws  :  And  whereas ,  It  is  found  difficult  to  apply 

4  the  laws  regulating  traffic  with  slaves,  by  reason  of  the 

5  similarity  of  the  free  negro  class  :  Therefore  he  it  enacted , 

6  That  all  laws  prohibiting,  or  in  any  wise  regulating  tra- 

7  ding  with  slaves  shall  apply  to  all  free  negroes,  and  that 

8  no  person  shall  buy  from  or  sell  to  any  free  negro  hired 

9  out  under  the  provisions  of  this  act  without  the  consent, 

10  in  writing,  of  the  person  hiring  him  ;  neither  shall  any 

11  free  negro  arranged  under  classes  one  and  two  by  the 

12  second  section  of  this  act,  buy  or  sell  from  any  person 

13  without  the  written  consent  of  some  justice  of  the  peace 

14  of  the  county,  or  of  some  freeholder  residing  within  - - 

15  miles  of  the  usual  residence  of  such  free  negro  ;  and  any 

16  person  selling  or  buying  without  such  consent  in  writing, 

17  either  from  the  hirer,  a  justice  or  freeholder,  shall  be 

18  liable  to  the  same  penalties  as  are  by  the  law  inflicted  for 

19  dealing  with  slaves. 


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